Net anti-racism effort ‘undermined’

Under the e-commerce directive, internet service providers (ISPs) are required to act if they are made aware of illegal material being peddled on their sites. This could mean removing the offending material or blocking access to it.

The directive should have been transposed into national law by 17 January but only five member states have met this deadline.

The Economic Social Committee (ESC) has criticized governments’ failure to legislate on the issue and is also alarmed at attempts by courts in the US to “undermine” efforts to tackle the problem.

The Brussels-based ESC compared the outcomes of two recent cases in France where ISPs were required to block racist sites with a different approach by a court in San Jose, California, which ruled that an ISP did not have to comply with the French ruling.

ESC member Ann Davison says the time is now ripe for an international agreement on the issue.

She said: “We recognise the US feels constrained to some extent by the first amendment of free speech whereas the EU is seeking to balance this with safety needs and human dignity.

“The EU, however, is a big enough market to take action on its own and this is an important example of where citizens are looking to the EU to protect them.”

Davison, author of an ESC report on the issue, added: “It is time to insist the US accepts rules for the internet.

“The US courts must not block our efforts to end online racism. We are not going to give up our campaign to protect citizens, especially the vulnerable.”